Sure, the license allows them to do whatever they want, but there's nothing wrong with publicizing that they don't give much in return. With over $400M ARR, thats something they could easily resolve.
I read the comments from Matt M yesterday, and it felt like a hit piece.
I run a website for a couple scifi like conventions, we need cheap reliable hosting without me having to deal with the vagaries of running wordpress myself.
I would have bought a product like WP Engine directly from Automattic, but AFAIK they dont offer one, this feels like lashing out at a competitor because they failed to enter a market segment, and now feel their lunch is being ate.
I ran websites for a long time without any version control, and would have no problem doing it again, the benefit of WordPress is the semi-WYSIWYG editor and the plugin ecosystem.
In my experience, WordPress itself could be called a Cancer to the Web.
The amount of new clients I've picked up who needed help rescuing broken and malware ridden WordPress sites is... well, it's more than I'd like as I really do not enjoy WordPress LOL
Let's say you were distributing a browser, let's call it Firefox. You might have a corporation and a nonprofit and call them the Mozilla Corporation and the Mozilla Foundation.
Maybe in this scenario you would allow certain commercial uses of your registered trademarks so that the software could be distributed by others. Parameters in this policy might only allow the commercial use of the trademarks in certain ways, enabling others to advertise their product like "Grammarly for Firefox" or even their service "Download Firefox from CNET" without infringement. But these parameters would go on to disallow one from using the terms in a way that implied a direct connection to the Mozilla Foundation or caused confusion with regards to the root product such as advertising your site, CNET, as "The Firefox Store".
Then let's say someone renamed their CNET site FFXSource. And then advertised themselves as "The Most Trusted Firefox Tech Company" and that their download was "The most trusted Firefox build". They might be told this violated the terms that don't allow implying official connection to the wider project. (And then let's say the download they were offering had the browser History pane feature stripped out.)
In this scenario, it seems it would be the duty of the trademark owner, the Foundation, to seek that FFXSource either come into compliance or, to continue use that exceeded the blanket guidelines, to acquire a dedicated, more-expansive commercial license. (Of course none of my thoughts on this are legal advice.)
Weaponizing the trademark that's more strongly associated with the software itself than the company Wordpress is a pretty low blow. WP Engine is hosting Wordpress, full-stop. There's maybe a discussion to have about when modifications constitute a fork that warrants a different name but we're about as far away from that as you can be.
I honestly don't know why Matt cares. His competitor is owned by PE, just wait for them to eat the business and offer a one-click migration. Play the long game.
WordPress, out of the box, if you throw even a portion of traffic that you would expect form a large media site at it, will fall over.
We modified WordPress, took advantage of all the hooks, basically rewrote the post authoring and search system and introduced caching and databases on top of the default MySQL, such as ElasticSearch for content storage and searching content. We also had a network level CDN in front of it at all times.
By the end of it all, what we had was not fully WordPress anymore.
You'll find that alot of organisations doing WordPress are doing similar things.
Is there significant additional context? Having looked at Matt's comments in the speech I'm not seeing any actual substance of what's wrong with WP Engine.
https://old.reddit.com/r/Wordpress/comments/1fofdpy/wp_taver...
If I were attending a conference I'd hope that the keynote speaker would put more thought into his talk than this. Not only is it childish, it's disrespectful to his audience.
just look at the childish way automattic acted. that's not a way to lead an organization or deal with your competition. you compete by building a better product, take legal action in an adult way if you think they are warranted and in general take the high road - not display your immaturity.
the conflict of interest around the governance of wordpress is icky on top. so he just puts on his "open source" hat to gain favour for his for-profit company?
https://automattic.com/2024/09/25/open-source-trademarks-wp-...
The receipts in the C&D don't leave one with a positive impression of Matt.
I'll wait for Matt's response, but I can't imagine it's anything more than "well, we deserve the money I was demanding!"
Instead of going through all this, can't Automattic do like what most companies are doing now? Dual License (e.g., Redis, etc).
I sort of directionally think that if WPE had a strong case here, their opening bid wouldn't be a C&D (I've noticed C&Ds frequently include a "preserve documents" section, presumably as punctuation, but for what it's worth that's an implicit threat they might sue).
The meat of this C&D seems to be a section towards the middle where they describe Mullenweg's keynote speech. It makes, according to WPE, these claims (numbers mine):
1. Claiming that WP Engine is a company that just wants to “feed off” of the WordPress ecosystem without giving anything back.
2. Suggesting that WP Engine employees may be fired for speaking up, supporting Mr. Mullenweg, or supporting WordPress, and offering to provide support in finding them new jobs if that were to occur.
3. Stating that every WP Engine customer should watch his speech and then not renew their contracts with WP Engine when those contracts are up for renewal.
4. Claiming that if current WP Engine customers switch to a different host they “might get faster performance.”
5. Alleging that WP Engine is “misus[ing] the trademark” including by using “WP” in its name.
6. Claiming that WP Engine’s investor doesn’t “give a dang” about Open Source ideals.
Under a US defamation analysis, claims (1), (3), and (6) appear to be statements of opinion. Statements of opinion, even when persuasively worded and authoritative, are generally not actionable as defamation. It might depend on the wording; in corner cases, an opinion can be actionable if it directly implies a conclusion made from facts known to the speaker and not disclosed to the audience --- but the facts involved have to be specific, you can't just imagine that I've implied I have secret facts (or my audience expects me to) because I'm Matt Mullenweg.
Claim (4) seems like it's probably just a fact? Is WPE assuredly the fastest possible provider at any given price point? The "might" also seems pretty important there.
That leaves (5) the allegation about the trademark dispute, which doesn't sound like an especially promising avenue for a lawsuit, but who knows? and (2) the bit about employee and former employee reprisals. The thing about (2) is if there's a single example of a disgruntled WPE employee who thinks they missed a promotion because they stuck up for the WordPress Foundation or whatever, WPE might have a hard time using that claim.
You'd think that before WordPress/Automattic started directly demanding funds from the board of WPE, they probably had some kind of counsel review this stuff and figure out what they could and couldn't safely say?
Maybe there's tortious interference stuff here that gives these claims more teeth than a typical defamation suit (I've come to roll my eyes at tortious interference, too; unless you're alleging really specific fact patterns I've come to assume these interference claims are also a sort of C&D "punctuation").
This is one of those times where I'm saying a lot of stuff in the hopes that someone much more knowledgeable will set me straight. :)